Patna High Court

Bipin YadavversusThe State of Bihar

Decided: 26 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner, subject to surrender, bail bond and surety conditions.

Summary

The petitioner, Bipin Yadav, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 626.04 litres of foreign liquor were seized from a Bolero vehicle he owned. The prosecution alleged the liquor was in his possession, while the petitioner contended that the vehicle was entrusted to a driver who misused it and that nothing was recovered from his personal possession. He also highlighted his clean criminal record. The State opposed the bail. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the owner of a vehicle from which illegal liquor was seized under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether ownership of the vehicle alone suffices to implicate the petitioner in the offence.
Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illegal liquor seizure
vehicle ownership
Section 30(a)
Section 482(2)
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9774 of 2026
                    Arising Out of PS. Case No.-133 Year-2025 Thana- ISMAILPUR District- Bhagalpur
                 ======================================================
                 Bipin Yadav S/O Dhiren Yadav Resident of Village- Kola Narayanpur, Police
                 Station- Jagdishpur, Dist.- Bhagalpur.                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection with

                   Ismailpur P.S. Case No. 133 of 2025 instituted for the offence

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that

                   altogether 626.04 liters of country made foreign liquor was

                   recovered from a Bolero vehicle.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner has submitted that the petitioner has been

                   named in this case as he is the owner of the vehicle. It has been

                   submitted that nothing has been recovered from the possession of

                   this petitioner. Learned counsel for the petitioner has further
            Patna High Court CR. MISC. No.9774 of 2026(2) dt.26-02-2026
                                                        2/2




                      submitted that the vehicle was given to driver and the driver has

                      misused the vehicle who was apprehended at the spot. Learned

                      counsel for the petitioner has further submitted that save and

                      except the ownership of the vehicle there is nothing against this

                      petitioner. Learned counsel for the petitioner has submitted that the

                      petitioner is having no criminal antecedent.

                                   5. Learned APP for the State has opposed the prayer of

                      bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this Court

                      is inclined to enlarge the petitioner on bail. The petitioner is

                      directed to surrender in the Court below within a period of four

                      weeks from today and in the event of his arrest or surrender in

                      connection with Ismailpur P.S. Case No. 133 of 2025, he will be

                      enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                      ten thousand) with two sureties of the like amount each to the

                      satisfaction of learned Additional Sessions Judge-IX, Bhagalpur,

                      subject to the conditions as laid down under section 482(2) of

                      B.N.S.S.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

Continue reading with your account

Checking your session…